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Whether Multilateral Investment Court Awards Could Be Enforced Using the ICSID Convention,

Whether Multilateral Investment Court Awards Could Be Enforced Using the ICSID Convention,

the New York Convention, and/or an Alternative Method. Clinic: Queen's/UOttawa, Spring 2019 Beneficiary: Trade Law Bureau, Global Affairs Canada Summary of Issue Statements and Brief Answers (The full memo can be found here) * 1. Would a multilateral investment court’s (MIC) awards be enforceable using the International Centre for the Settlement of Investment Disputes (ICSID) Convention? Brief Answer: No, under the current ICSID Convention MIC awards would not be enforceable

Analysis of AfCFTA's Protocol on Trade in Services and Strategy for Country A

Analysis of AfCFTA's Protocol on Trade in Services and Strategy for Country A

Clinic: Graduate Institute, Fall 2018 Executive Summary* ** * Executive Summary in French below ** Confidential Report The agreement establishing the African Continental Free Trade Area (AfCFTA) was signed in March 2018 by 44 members of the African Union. If ratified, this agreement will create the world's largest free trade area. As the first phase of the AfCFTA negotiations ends, the State Parties to the AfCFTA wish to develop a strategy to promote their interest in the tra

Prohibitions on Performance Requirements in Investment Treaties

Prohibitions on Performance Requirements in Investment Treaties

Clinic: National University of Singapore, Fall 2018 Executive Summary Read the full report here Prohibitions on performance requirements (“PPRs”) in international investment agreements (“IIAs”) are one of the core issues in investment negotiations today. The controversy stirred from these obligations is a key area of concern for all states which have entered into bilateral investment treaties (“BITs”) and Free Trade Agreements (“FTA”) (collectively, “IIAs”). This paper attemp

African Continental Free Trade Area Investment Protocol

African Continental Free Trade Area Investment Protocol

Clinic: Queen's/UOttawa, Canada Non-Confidential Summary The rationale for an investment protocol in the AfCFTA: How will it contribute to Africa’s sustainable development? Introduction This confidential project is authored by Alex Etkin, Ece Melisa Celebican, and Wil Longard (University of Ottawa, Faculty of Law). At the request of Phil Rourke and Rosemina Nathoo from the Centre for Trade Policy and Law, the authors prepared this project to (1) develop a rationale for an inv

Secretariat Support for Ad Hoc Panels under Canada's Free Trade Agreements

Secretariat Support for Ad Hoc Panels under Canada's Free Trade Agreements

(Image Courtesy: Government of Canada website) Clinic: uOttawa-Queen's Joint Clinic, Spring 2018 Beneficiary: Global Affairs Canada Executive Summary To read and download the full project, please visit here This memorandum explores the viability of making use of third-party secretariat institutions to administer state-to-state disputes under Canada’s free trade agreements (“FTAs”) in order to respond to a range of difficulties faced by ad hoc panels constit

East African Community: Non-Tariff Barriers & Trade Facilitation

East African Community: Non-Tariff Barriers & Trade Facilitation

Clinic: uOttawa-Queen's Joint Clinic, Spring 2018 Beneficiary: East African Community Secretariat Executive Summary The full report can be read and downloaded here. Trade facilitation, or the simplification and harmonization of trade processes, has emerged as a vital element in the effort to stimulate global economic development. Simplification and harmonization of trade processes play a key role in the elimination of Non-Tariff Barriers (NTBs), reducing the cost of cross-bor

Brexit and the EU - Canada Comprehensive Economic and Trade Agreement

Brexit and the EU - Canada Comprehensive Economic and Trade Agreement

Implications for the European Union, the United Kingdom and Canada This memorandum has been prepared in the context of the United Kingdom (UK) providing notice to withdraw from the European Union (EU), known as Brexit, and the implications of this on the provisional application of the EU – Canada Comprehensive Economic and Trade Agreement (CETA) , and on the United Kingdom (UK) negotiating and concluding new Free Trade Agreements (FTAs). Most recently, the EU and Canada have

UNFCCC Nationally Determined Contributions: Climate Change and Trade

UNFCCC Nationally Determined Contributions: Climate Change and Trade

This study seeks to improve our understanding of the relationship between response measures, economic diversification and international trade rules, and accordingly identify the positive opportunities that the current proliferation of regional and bilateral trade agreements brings for diversification and climate change mitigation. In doing so, the study explores the following questions: (i) what are the trade-related response measures included in the INDCs/NDCs and how are th

Dispute Settlement Mechanisms in Free Trade Agreements

Dispute Settlement Mechanisms in Free Trade Agreements

As the world economy becomes more integrated, more complex Free Trade Agreements (FTAs) have emerged. A FTA is an arrangement in which states agree to give each other mutual preferential treatment, with regard to the trade of goods and services originating in their territories, by reducing tariff barriers and other trade restrictions. Most contemporary FTAs include goods and/or services, and often cover questions regarding investment, government procurement and competition. D

Continental Free Trade Area: Dispute Settlement Mechanism

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